Patna High Court
Bhaggu Manjhi @ Bhagu ManjhiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to Bhaggu Manjhi and Phulo Devi, subject to specified conditions, and allowed withdrawal of the anticipatory bail application of the already arrested petitioner Rakesh Manjhi.
Summary
The petitioners Bhaggu Manjhi, Rakesh Manjhi and Phulo Devi sought anticipatory bail fearing arrest in connection with Sheikhpura P.S. Case No. 316 of 2025, which alleged offences under Sections 126(2), 115(2), 110, 303(2), 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that Naresh Manjhi and Rina Devi had assaulted the victims and that Rakesh Manjhi had taken Rs.30,000. Rakesh Manjhi was already arrested, so his anticipatory bail application was withdrawn. The Court observed that the main allegations were against Naresh Manjhi and Rina Devi and, therefore, granted anticipatory bail to Bhaggu Manjhi and Phulo Devi subject to strict conditions, including a bail bond, sureties, appearance before the trial court, and non‑interference with witnesses. The order directed their release on bail if arrested or surrendered within four weeks, with the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted to petitioners when the principal accused are other persons.
- Whether the anticipatory bail application of a petitioner who is already in custody can be withdrawn.
- What conditions may be imposed while granting anticipatory bail under the B.N.S. offences.
Legislation cited
- B.N.S. — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- bail conditions
- criminal procedure
- B.N.S. offences
- withdrawal of bail application
- arrest
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90566 of 2025
Arising Out of PS. Case No.-316 Year-2025 Thana- SHEKHPURA District- Sheikhpura
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1. Bhaggu Manjhi @ Bhagu Manjhi Son of Late Jahpsu Manjhi Resident of
village- Eksari P.S. Sheikhpura District- Sheikhpura.
2. Rakesh Manjhi Son of Bhaggu Manjhi @ Bhagu Manjhi Resident of village-
Eksari P.S. Sheikhpura District- Sheikhpura.
3. Phulo Devi @ Malti Devi wife of Bhaggu Manjhi @ Bhagu Manjhi Resident
of village- Eksari P.S. Sheikhpura District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the State : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Learned counsel for the petitioner prays for and
allowed to withdraw the anticipatory bail application of Rakesh
Manjhi, petitioner no.2 as he has been arrested.
2. Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioner and learned APP representing the State.
3. The petitioners are apprehending their arrest in
connection with Sheikhpura P.S. Case No. 316 of 2025
registered for the offence under Sections 126(2), 115(2), 110,
303(2), 352, 351(2) and 3(5) of the B.N.S., lodged on
25.10.2025 by the informant, Pyari Devi.
4. As per the prosecution story, the informant alleged
that firstly abused took place whereafter Naresh Manjhi and
Rina Devi gave wooden rod blows causing injuries on the head
as also body. Further allegation is that Rakesh Manjhi took away
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Rs.30,000/-. They were taken to Sadar Hospital, which followed
the F.I.R.
5. Learned APP opposes the prayer submitting that all
the petitioners were present though allegation is against Naresh
Manjhi and Rina Devi.
6. Considering the submissions of the parties as also
that though presence has been shown about petitioner no.1,
Bhaggu Manjhi @ Bhagu Manjhi and petitioner no.3, Phulo
Devi @ Malti Devi, main allegation is against Naresh Manjhi
and Rina Devi, Rakesh Manjhi already stands arrested, in that
background, this Court is inclined to extend petitioner no.1,
Bhaggu Manjhi @ Bhagu Manjhi and petitioner no.3, Phulo
Devi @ Malti Devi the privilege of anticipatory bail.
7. Let the petitioner no.1, Bhaggu Manjhi @ Bhagu
Manjhi and petitioner no.3, Phulo Devi @ Malti Devi be
released on bail in the event of arrest or surrender within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Chief Judicial
Magistrate, Sheikhpura, in connection with Sheikhpura P.S.
Case No. 316 of 2025. subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner no.1, Bhaggu Manjhi @ Bhagu
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Manjhi and petitioner no.3, Phulo Devi @ Malti Devi who shall
provide official document (Aadhar Card/Voter Id/Driving
License/Pan Card) to show his/her bona fide;
(ii) the petitioner no.1, Bhaggu Manjhi @ Bhagu
Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall
appear on each and every date before the Trial Court and failure
to do so for two consecutive dates without plausible reason will
entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioner no.1, Bhaggu Manjhi @ Bhagu
Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner no.1, Bhaggu Manjhi @ Bhagu
Manjhi and petitioner no.3, Phulo Devi @ Malti Devi shall
desist from committing any criminal offence again, failing which
the State shall be at liberty to take steps for cancellation of bail
bonds.
(Rajiv Roy, J)
vinayak/-
U T
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